GK Question

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Under Article 359, the President may suspend the right to move any court for enforcement of Fundamental Rights during National Emergency, except for rights under Articles ______.

  1. 14 and 19
  2. 19 and 21
  3. 20 and 21
  4. 21 and 32

Answer: 20 and 21

Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.

Topic Writs - Suspension During Emergency
Exam Relevance Emergency-FRs safeguard question essential for UPSC Mains and Judiciary exams